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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19653
Experience:  B.A.; M.B.A.; J.D.
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Even though I have drug tested 3 times in the past year

Customer Question

Even though I have drug tested 3 times in the past year including three days ago and never tested positive for any prescription drug my employer is not allowing me to go back to work because I have a prescription 4 hydrocodone 6 pills every 2 to 3 months that's all I did and they are telling me I cannot go back to work and less I tell my doctor to write a note saying he will not prescribe that medication for me anymore
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: They also have a list of every drug that I have gotten from my Pharmacy and when and every year they ask me for all of my medical conditions and what prescriptions I'm on.... I never take any medicine at work that I'm not supposed to be at work with it in my system
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time I have worked here 20 years I have intermittent FMLA that I could take when I need to take this medication but they said intermittent FMLA does not cover this medication because my job is safety-sensitive I am not allowed to have his prescription at all even though I do not take it at work
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a perfect safety record with no incidents or accidents and Been one of the top employees as long as I've been there... I don't even think they have the right to drug test me the other day out of the clear blue it wasn't even around them
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 year ago.

I am sorry to read about your difficulties.

What kind of work do you do that your employer will not allow you to come back to work while you are on the medication?

How many employees does your employer have?

What is your question?

Thank you for your cooperation,

Customer: replied 1 year ago.
I drive a Haul truck in a mine and there's probably 2000 employees... as I said I take this medication intermittently for moderately severe to severe pain 6 pills every 2 to 3 months and I never take it when I'm working or even within a day of working but they are saying their policy is you cannot have an active prescription while you're doing this job
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information. However, I still do not know what your question is.

What is your specific question?

Customer: replied 1 year ago.
I want to know if this is legal for them to do this to me
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

No, it is not legal. You are being discriminated against because of your medical condition.

You need to file complaint against the company with U.S. Equal Employment Opportunity Commission. Click here for the complaint process.

Goodluck with your case,